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Transitional/ Translational Justice Monday





















Huntington's, Standing Out & the biological basis of behavior

1/18/2022

 
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Tale regarding Dr. Vince Gilmer convicted of murder and ultimately found to have Huntington's.  [Dr. Gilmer and Mr. Hyde]

Huntington's is relatively rare in the Criminal Justice System BUT it is there. 

Folk Singer Woody Guthrie had Huntington's and found himself in the Criminal Justice System although on much less serious charges.  He was diagnosed with Huntington's in 1952.


Picture
A few years ago in Colorado, there was a man who was in one of the County Jails who not only had Huntington's but was Deaf ---- and pretty much everyone knew this man did not belong in the County Jail --- BUT the System didn't have a place for him.

One of the ways that the System knew --- He shouldn't be in Jail --- he was DIFFERENT ENOUGH to STAND OUT.


Picture
For a lot of people who have NEURO-DEVELOPMENTAL DISORDERS such as ADHD --- that's a DIME a DOZEN in the Criminal Justice System --- :
  • So often we don't appreciate its significance, OR
  • We're AFRAID to appreciate its significance 
    • We see the Neuro-Developmental Disorder ADHD as related to Conduct Disorder and Anti-Social Personality Disorder
    • BUT we can't bring ourselves to acknowledge the BIOLOGICAL BASIS of ANTI-SOCIAL PERSONALITY DISORDER.
Picture
Further, our Mental Health Professionals are TOO PRO SOCIALLY COMPETENT or more to the point NOT PEOPLE WITH THE RIGHT SKILLS  to QUESTION --- underlying assumptions.
  • At one point, I did think --- HOW CAN THESE PEOPLE MISS THIS --- the BIOLOGICAL BASIS of BEHAVIOR --- they're Doctors and Ph.Ds --- come on . . .
  • But missing it they are and generally it's Good Faith miss. 
Picture
The story in the This American Life episode highlights the "process" we're using to address these issues ----
  • ​​We've got to find the SPECIFIC DIAGNOSIS in time for this SPECIFIC PERSON
  • In the meantime, we're PUNISHING this SPECIFIC PERSON as well as others.
  • ​It's a RACE WITH THE CLOCK & the CALENDAR.

Could we cut through all that if we could recognize the BIOLOGICAL BASIS of BEHAVIOR --- yeah, we could.
Picture


Most of these horrific cases could be avoided if we could accept the BIOLOGICAL BASIS OF BEHAVIOR.
  • If that is a given --- and to some people including myself it seems REASONABLE to assume that until proven otherwise ---
  • Then we're not getting HUNG UP in the CRIMINAL JUSTICE SYSTEM on the SPECIFICS of that BIOLOGY at the initial determination of whether the person did the acts charged. 
"I've been havin' some hard travelin' ---
I thought you knowed."
I think the "Free Will vs. Determinism" debate gets us so OFF TRACK --- BUT I keep posting this video because at 1:45 Sapolsky says this:

"When you look at the number of things that we recognize now as biological --- organic -- where 500 years ago or 5 years ago we would have had a harsh moral judgment about it.

"Instead we now know oh that's a biological phenomenon.

"When we look at that, either we can say that the last 500 years of realizing  all of this biology is going to stop right here and there's never going to be a new piece of knowledge in that area ----
​"Yeah, there's areas of behavior we still can't explain biologically..

"But if all you can do is see the logical direction of where we're going with that is what we're going to get to the point of recognizing yeah, we're biological organisms. . ."
Picture
Where the "Free vs. Determinism Debate" gets OFF TRACK --- it is running in the WRONG DIRECTION.
  • So we tend to LOOK TO THE PAST --- and say "Hey, there are all these BIOLOGICAL FACTORS and ENVIRONMENTAL FACTORS affecting BIOLOGY --- 
    • ​Therefore, there is NO FREE WILL.
 
  • At the same time (roughly), we're SLOWLY:
    • ​Learning to control our Environments
    • Learning to control our Biologies
    • Learning to peel away UNCONSCIOUS thought processes
    • Using CRITICAL THINKING to understand more COMPLICATED and INTEGRATED REALITIES.
 
  • What is becoming APPARENT is --- WE ARE NOT AS FAR ALONG AS WE THOUGHT WE WERE.
Picture
We're handing DIAGNOSIS & TREATMENT to EXPERTS within the PUBLIC HEALTH SYSTEM.
  • Where DIAGNOSIS & TREATMENT are more appropriate and FAR FROM PERFECT.
  • BUT it doesn't have to be PERFECT if we understand the BIOLOGICAL BASIS of BEHAVIOR (this is for the purposes of moving away from PUNISHMENT)--
    • If we don't understand the BIOLOGICAL BASIS of BEHAVIOR --- our reasoning is laborious and convoluted --- AND most importantly --- some DISFAVORED PERSON is paying the price of our IGNORANCE.
    • Is this person also going to PAY A PRICE if we don't have the right "DIAGNOSIS" or "TREATMENT" --- Yes, BUT we are MITIGATING the often HORRIFIC EFFECTS of a PUNITIVE SYSTEM that is often not SUFFICIENTLY HUMANE or SUFFICIENTLY PROVIDING FOR SAFETY.
      • ​Additionally, it is important to emphasize that this is MITIGATION and it doesn't replace the need for better DIAGNOSTICS and TREATMENTS.
Picture
Further, we're MONITORING Treatment and Placements to ensure that they remain APPROPRIATE --- but this is more a PROCESS than an EVENT.

Finally, we're able to handle the INTEGRATIVE COMPLEXITY of INTENT that is BIOLOGICALLY DRIVEN.

Comments are closed.

    Transitional Justice is a term used by the United Nations and others to describe measures to REDRESS MASSIVE VIOLATIONS of HUMAN RIGHTS.

    ​​Translational Justice as we're using it refers to a PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE and is meant to echo TRANSLATIONAL MEDICINE.

    ​
    Translational Justice also means listening to those people impacted by our justice policies

    That means going 360
    ° -- that's hard work
    ​



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  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
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  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
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  • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • About Orchid >
    • Why Orchid?
    • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
    • Disclaimers, Limitations and An Invitation
    • Orchid Board
    • Orchid Book Club
    • Conjecture, Science & Translational Research & Medicine
    • Orchid Themes & Symbols
    • The Tipping Point
    • Orchid's Website Advertising Policy
    • Statement for Potential Website Contributors
    • Contact
  • Val's Blog
  • Val's Blog 2
  • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
  • NEURO-DIVERSITY Wednesday
  • Olmstead Law & Order Thursday
  • Translational Medicine Friday
  • Translational Love, Relationships & Neuro-Diversity Saturday
  • Crisis Services in CO, the US & Around the World
  • Assertive Community Treatment & Flexible ACT Index
  • Housing & Homelessness Index
  • Criminal Justice
  • Innovation Index
  • For More: See the Main Orchid Index Page
  • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
  • Medicaid & Supportive Housing & Housing-Related Services
  • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
  • National Take
  • Immunology & Mental Health >
    • Alcoholism & the Immune System & Mental Health
    • Brain Injury, the Immune System & Mental Health
    • Celiac Disease & Sensitivities, the Immune System & Mental Illness
    • Mental Illness & The Immune System
    • Racial Discrimination & the Immune System & Mental Health
    • Trauma & the Immune System & Mental Health
    • ***Physical Health Issues, the Immune System & Mental Health Index
  • University of Chicago: Institute of Translational Medicine
  • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
  • Anti-Social Personality Disorder >
    • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
    • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
  • Executive Functioning & "Prison Brain" >
    • Job Accommodation Network on Executive Functioning Deficits
  • Medicaid & Medicare Network Adequacy >
    • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
    • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
    • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
    • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
  • Medicaid Mental Health & Substance Use Disorder Parity >
    • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
    • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
  • Olmstead Disability Rights >
    • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
    • Comprehensive Olmstead Planning
    • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
    • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
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